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Implementation of the WTO General Council Decision on Paragraph 6 of the DOHA Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 016
(2004; 49 pages) View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentIntroduction
View the documentCircumstances in which the Decision may be used
View the documentCompulsory licence in the importing country
View the documentCompulsory licence in the exporting country
View the documentAnti-diversion measures
View the documentSuspension of the system
View the documentConclusions
View the documentAnnex 1: WTO Decision of 30 August 2003 (WT/L/540)
View the documentAnnex 2: Summary of context and steps required to use the system
 

Anti-diversion measures

According to paragraph 4 of the Decision, "in order to ensure that the products imported under the system set out in this Decision are used for the public health purposes underlying their importation, eligible importing Members shall take reasonable measures within their means, proportionate to their administrative capacities and to the risk of trade diversion to prevent re-exportation of the products that have actually been imported into their territories under the system. In the event that an eligible importing Member that is a developing country Member or a least-developed country Member experiences difficulty in implementing this provision, developed country Members shall provide, on request and on mutually agreed terms and conditions, technical and financial cooperation in order to facilitate its implementation".

The Statement emphasizes that "the purpose of the Decision would be defeated if products supplied under this Decision are diverted from the markets for which they are intended" and indicates that "all reasonable measures should be taken to prevent such diversion in accordance with the relevant paragraphs of the Decision". Though the wording here appears somehow stronger than in the Decision, it neither alters the content nor the nature of the best efforts obligation imposed by the latter. It will be the prerogative of the importing country to determine what is:

• reasonable within the Member’s means
• proportionate to its administrative capacities
• proportionate to the risk of trade diversion.


General measures on pharmaceuticals need not be adopted, but only those necessary in relation to "products that have actually been imported into their territories under the system".

 

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